Bill Text: NJ A5366 | 2020-2021 | Regular Session | Introduced
Bill Title: Requires boards of education to provide special education and related services to certain students exceeding age of eligibility for special education and related services.
Spectrum: Slight Partisan Bill (Democrat 14-7)
Status: (Introduced - Dead) 2021-05-20 - Substituted by S3434 (2R) [A5366 Detail]
Download: New_Jersey-2020-A5366-Introduced.html
Sponsored by:
Assemblywoman VALERIE VAINIERI HUTTLE
District 37 (Bergen)
Assemblywoman PAMELA R. LAMPITT
District 6 (Burlington and Camden)
SYNOPSIS
Requires boards of education to provide special education and related services to certain students exceeding age of eligibility for special education and related services.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning education and related services for students with disabilities and supplementing chapter 46 of Title 18A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Notwithstanding the provisions of N.J.S.18A:46-6, N.J.S.18A:46-8, or of any other law, rule, or regulation concerning the age of eligibility for special education and related services to the contrary, a board of education shall, in the 2021-2022 school year, provide special education and related services contained in an individualized education program to a student with disabilities who attains the age of 21 during the 2020-2021 school year, provided that the parent of the student in conjunction with the individualized education program team determines that the student requires special education and related services during the 2021-2022 school year. A student receiving special education and related services pursuant to this subsection shall not be eligible to receive such education and services beyond June 30, 2022, unless otherwise provided in a student's individualized education program.
b. Notwithstanding the provisions of N.J.S.18A:46-6, N.J.S.18A:46-8, or of any other law, rule, or regulation concerning the age of eligibility for special education and related services to the contrary, a board of education shall, in the 2022-2023 school year, provide special education and related services contained in an individualized education program to a student with disabilities who attains the age of 21 during the 2021-2022 school year, provided that the parent of the student in conjunction with the individualized education program team determines that the student requires special education and related services during the 2022-2023 school year. A student receiving special education and related services pursuant to this subsection shall not be eligible to receive such education and services beyond June 30, 2023, unless otherwise provided in a student's individualized education program.
c. A student receiving special education and related services pursuant to this section shall be afforded the same rights, privileges, and remedies provided to students with disabilities pursuant to State law, State Board of Education regulations concerning special education, and the federal "Individuals with Disabilities Education Act," 20 U.S.C. s.1400 et seq.
d. As used in this section, "parent" means the natural or adoptive parent, the legal guardian, resource family parent when willing to so serve, a surrogate parent, or a person acting in the place of a parent, such as a grandparent or stepparent with whom the student lives or a person legally responsible for the student's welfare. Parent shall also include an adult student who has attained the age of 18, who is not under legal guardianship, and who is entitled to receive special education and related services.
2. This act shall take effect immediately.
STATEMENT
This bill requires a board of education to temporarily provide special education and related services to certain students who exceed, or will exceed, the current age of eligibility for special education and related services in the 2020-2021 school year and the 2021-2022 school year.
Under current State Board of Education regulations, district boards of education are required to provide a free, appropriate public education, in accordance with an individualized education program, to students with disabilities age three through 21. If a student turns 21 years of age during the school year, defined as the period between July 1 and June 30, the student is entitled to finish the school year. On June 30 of the student's final school year, the student is no longer eligible for special education and related services. This process is commonly referred to as "aging out."
This bill would extend the age eligibility for special education and related services by requiring boards of education to provide the education and services included in a student's individualized education program (IEP) to students attaining the age of 21 during the 2020-2021 school year and the 2021-2022 school year. Students attaining the age of 21 during the 2020-2021 school year would be eligible for special education and related services in the 2021-2022 school year; meanwhile, students attaining the age of 21 during the 2021-2022 school year would be eligible for special education and related services in the 2022-2023 school year. Unless otherwise provided in the student's IEP, a student would not be eligible to receive special education and related services under this bill beyond the school year in which he or she attains the age of 22.
